[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Rules and Regulations]
[Pages 35349-35350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15111]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R5-ES-2011-0035; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX80
Endangered and Threatened Wildlife and Plants; Reinstatement of
Listing Protections for the Virginia Northern Flying Squirrel in
Compliance With a Court Order
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order that has the effect of
reinstating the regulatory protections under the Endangered Species Act
of 1973 (ESA), as amended, for the Virginia northern flying squirrel
(Glaucomys sabrinus fuscus). Pursuant to the District of Columbia
District Court order dated March 25, 2011, this rule reinstates the
Virginia northern flying squirrel listing as endangered.
DATES: This action is effective June 17, 2011. However, the court order
had legal effect immediately upon its filing on March 25, 2011.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov. It will also be available for inspection, by
appointment, during normal business hours at U.S. Fish and Wildlife
Service, West Virginia Field Office, 694 Beverly Pike, Elkins, West
Virginia 26241. Call (304) 636-6586 to make arrangements.
[[Page 35350]]
FOR FURTHER INFORMATION CONTACT: For information contact Deborah
Carter, Project Leader, at our West Virginia field office (see
ADDRESSES) or telephone (304) 636-6586, extension 12. Individuals who
are hearing impaired or speech impaired may call the Federal Relay
Service at 1-800-877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 2008, we published a final rule to remove ESA
protections for the Virginia northern flying squirrel, more commonly
known as the West Virginia northern flying squirrel (WVNFS) (73 FR
50226). Additional background information on the WVNFS, including
previous Federal actions, can be found in our August 26, 2008, final
rule, http://www.regulations.gov, or at http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A09R.
A lawsuit challenging our final rule was filed in U.S. District
Court for the District of Columbia. On March 25, 2011, the U.S.
District Court for the District of Columbia vacated and set aside our
2008 delisting rule (Friends of Blackwater et al. v. Salazar et al.,
1:09-cv-02122-EGS).
The decision reinstates Federal protections that were in place
prior to our 2008 delisting. Accordingly, WVNFS is listed as endangered
throughout its range (50 FR 26999 27002, July 1, 1985; 50 CFR
17.11(h)). Therefore, take of WVNFS may be authorized only by a permit
obtained under section 10 of the ESA, or if exempted by an incidental
take statement within a biological opinion issued by the Service
pursuant to section 7 of the ESA. We notified all State and Federal
partners of the decision and its impact shortly after the order was
released. There are no federally recognized Tribes to notify in
Virginia or West Virginia. We also took steps to ensure the public was
aware of the decision.
This action is independent of any decision by the United States or
any interveners in the case to appeal the March 25, 2011, District of
Columbia District Court ruling.
Administrative Procedure
This rulemaking is necessary to comply with the March 25, 2011,
court order. Therefore, under these circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and
opportunity for public comment are impractical and unnecessary. The
Director has further determined, pursuant to 5 U.S.C. 553(d)(3), that
the agency has good cause to make this rule effective upon publication.
Effects of the Rule
As of the filing of the court order, delisted WVNFS were again
listed as endangered (50 CFR 17.11(h)).
This rule will not affect the status of WVNFS under State laws or
suspend any other legal protections provided by State law.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
In order to comply with the court order discussed above, we amend
part 17, subchapter B of chapter I, title 50 of the CFR, as set forth
below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.11 by adding an entry in the table at paragraph (h)
for ``Squirrel, Virginia northern flying'' under ``MAMMALS'' as
follows:
Sec. 17.11 [Amended]
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
--------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Squirrel, Virginia northern flying Glaucomys sabrinus U.S.A. (VA, WV)..... Entire.............. E 189 N/A N/A
fuscus.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: May 27, 2011.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2011-15111 Filed 6-16-11; 8:45 am]
BILLING CODE 4310-55-P